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DeGrossi v. Pennsylvania Dept. of Transp., Bureau of Driver Licensing

Publication Date: 2017-12-26
Practice Area: Administrative Law | Regulation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1846

Drivers license suspension properly set aside due to delay between conviction and suspension attributable to court clerks office, where inquiry on whether to set aside suspension was focused on the prejudice suffered by the licensee due to the delay, rather than the length of the delay itself. Order of the trial court affirmed.
City of Bethlehem v. Kanofsky

Publication Date: 2017-12-26
Practice Area: Government | Real Estate | Regulation
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1843

The City of Bethlehem met its burden of establishing that defendants property required a conservator where it produced uncontroverted testimony about the propertys blighted, deteriorated and unsafe condition and defendants failure to take remedial action. The court affirmed an order granting a petition for conservatorship.
1400 North Third St. Enterprises, Inc. v. City of Harrisburg, License and Tax Appeal Bd.

Publication Date: 2017-12-26
Practice Area: Legislation | Regulation
Industry: Food and Beverage | Real Estate
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1842

The trial court did not err when it held that §611 of Pennsylvanias Liquor Code preempted the City of Harrisburgs nonrenewal of a liquor license based upon alleged nuisance activity at the licensed premises. The court affirmed the trial courts order.
Francisville Neighborhood Dev. Corp. v. Estate of Moore

Publication Date: 2017-12-26
Practice Area: Real Estate | Trusts and Estates
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1847

Seller of blighted property was statutorily obligated to pay a conservators fees to the petitioner for conservation, even before the petitioner was appointed conservator. Order of the trial court affirmed.
U.S. Bank Natl Assn v. Fagnilli

Publication Date: 2017-12-26
Practice Area: Civil Procedure | Creditors' and Debtors' Rights | Damages
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1579

A defendant in a mortgage foreclosure action who claimed that his name was forged on a mortgage document was required to plead the fraud claims with greater specificity. Defendant was entitled to maintain a counterclaim to enforce a personal liability in the mortgage foreclosure action. The court sustained the preliminary objections in part.
Krauss v. Iris USA, Inc.

Publication Date: 2017-12-26
Practice Area: Personal Injury | Transportation
Industry: Distribution and Wholesale | Manufacturing | Non-Profit
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1851

The court granted leave to plaintiffs to file a second amended complaint in their action against manufacturer, freight broker and shipper for damage to Lego baseplates during transit and for injuries to a volunteer during the unloading of the truck but also found that the Car-mack amendment preempted the claims against the shipper under the conduct theory. Motions granted.
Commonwealth v. Gordon

Publication Date: 2017-12-26
Practice Area: Criminal Law
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Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1521

Defendant, who was twice arrested on suspicion of driving under the influence, did not have to be advised that he had a constitutional right to refuse a blood test and there was no requirement that defendants consent to the blood draw be knowing, voluntary and intelligent, but just voluntary. The court denied defendants motion to suppress.
In Re: Risperdal Litig.

Publication Date: 2017-12-26
Practice Area: Products Liability
Industry: Pharmaceuticals
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1849

Drug manufacturers entitled to statutory tort immunity under Michigans Product Liability Act, which provided immunity for any drug that had been approved by the FDA and continued to comply with that approval, regardless of whether the drug was subsequently prescribed off-label. Summary judgment affirmed.
Commonwealth v. Holt

Publication Date: 2017-12-26
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1844

Defendant could not succeed on his ineffectiveness of counsel claim for failure to file a Rule 600 motion based upon an alleged speedy trial violation where there were more than 800 excludable and excusable delays that extended his adjusted run date well beyond his trial date. The court affirmed defendants judgment of sentence.
Commonwealth v. Livingstone

Publication Date: 2017-12-26
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1845

The high court concluded that an individual in defendants position, i.e., stopped in a car on the side of the road with a police car pulled up alongside her with emergency lights on, was subjected to an investigatory detention without reasonable suspicion of criminal activity, and that the public servant exception under the community caretaking doctrine did not otherwise justify the warrantless seizure. The court reversed and remanded.

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